Springs allows fences within water district rights-of-way

July 30, 2013|ARUN SIVASANKARAN, asivasankaran@tribune.com

Coral Springs has amended an existing law to allow residents living on canals to place fences within water-control district rights-of-way, subject to the district's permission. Fences and landscaping cannot be placed less than 20 feet from the water line.

The change comes after it came to the city's attention that Coral Springs Improvement District (CSID) and South Florida Water Management District (SFWMD) had granted approval for residents to locate private fences within canal rights-of-way. The city's original law prohibited installation of fences outside private property, except for properties in zero lot-line developments with off-set areas between homes.

Of the six water drainage districts in the city, only CSID and SFWMD were initially in favor of allowing fences to encroach into their canal rights-of-way. Subsequently, Sunshine Water Control District also sought the authority to allow or reject pleas from homeowners to install fences on its property. Not every district is in favor of the new law, but districts will not be mandated to approve fences within their rights-of-way.

According to the amended law, residents will be allowed to extend their fences into canal rights-of-way, if there is written approval from the water-control district. Fences and landscaping cannot be placed less than 20 feet from the normal water line. All landscaping within the district's property should be native materials and has to be maintained by the owner.

The city's Planning and Zoning Board voted against the change when it initially discussed the issue in November last year. After Sunshine Water Control, North Springs Improvement, and Coral Springs Improvement districts indicated they are in favor of the proposed amendment, the board, at its meeting in May, recommended changing the law.

Ted Mena, CSID vice president and former city official, was happy to see the law change. "This is about common sense and doing something for the public. We have to be flexible in times of change. We still have the authority to decline requests from residents."

CSID manager Ken Cassel said that the district was disappointed by the way in which the city had decided on amending the law. The district did not have enough time to provide input on the subject, he added.

City Attorney J J Hearn, however, said that the item had in no way "sprung up in the dark." Notices had been sent to all water-control districts informing them about the proposed change. "We do have home-rule authority," he said. "The districts may not agree, but we think this is the right answer."

The city is trying to do what is acceptable to residents and all drainage districts, City Manager Erdal Donmez said. "We try to figure out what is acceptable for everyone. CSID, initially, wanted no limitations at all. That was not acceptable. This is the city's minimum requirement. Each district can establish its own. If there is no minimum, we could have fences all the way down to the edge of the water."